Venue/Jurisdiction

What are the hottest topics in bankruptcy law? This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current business and consumer bankruptcy law cases.

Do the safe harbor provisions of 11 U.S.C. § 546(e) also provide shelter to transferees from state law fraudulent transfer actions in nonbankruptcy courts? Does the doctrine of pre-emption apply to impact litigation outside of bankruptcy court? This panel will review § 546(e) after the U.S. Supreme Court’s decision in Merit Management Corp. LP v. FTI Consulting Inc. After the Merit decision, the Supreme Court sent back the case of In re Tribune Co., fraudulent conveyance litigation that was also pending before the Supreme Court, to the Second Circuit Court of Appeals. What did the appeals court do in Tribune II, and what impact does the court’s decision have on fraudulent transfer litigation by private litigants under nonbankruptcy law?

For two years this group has studied the influence of a judge’s gender on the processing and outcomes in bankruptcy cases. Leveraging several studies in non-bankruptcy cases on whether gender influences judicial decision making, this study has looked at 837 student loan discharge opinions and compared the outcomes of those cases based on the gender of the judge and the gender of the debtor. The results demonstrate a statistically significant difference in the way men and women decide such cases. The study now expects to examine survey results from male and female judges to assess discernible patterns. This panel will present the results of this study and will discuss some or all of the following questions: Does gender affect case management? Does gender affect the perception of witnesses? Implicit bias and gender Should counsel tailor case, trial and argument based on the gender of the judge? If so, how can counsel do so? Does the gender of a party ever play an appropriate role in judicial decision making? What can judges do to ensure that gender plays an appropriate role in case determination?

The Supreme Court has handed down three rulings during its current term that impact bankruptcy practice: The Supreme Court ruled unanimously on January 14 in Ritzen v. Jackson Machinery that an order denying a motion to modify the automatic stay is a final, appealable order “when the bankruptcy court unreservedly grants or denies relief.” In a per curiam opinion on February 24 in Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, the Supreme Court has banned the term “nunc pro tunc” from the bankruptcy lexicon. The Court also ruled that a state court altogether lacks jurisdiction in a removed action until the case has been formally remanded. The Supreme Court ruled on February 25 in Rodriguez v. Federal Deposit Insurance Corp. that federal courts may not employ federal common law to decide who owns a tax refund when a parent holding company files a tax return but a subsidiary generated the losses giving rise to the refund. A panel of distinguished bankruptcy experts will discuss each of these cases to provide you with insights for your practice.

With so many tiers of global supply chains and multinational investments being connected to China, financial risk is magnified when there is a widespread interruption, such as the current coronavirus pandemic. Extended disruption of supply chains could lead companies to financial distress and possible bankruptcy. The resulting distress from the disruption could also activate insurance-related claims and litigation, further complicated by interpretations of "force majeure" (unforeseeable circumstances) clauses in insurance policies. A recent Wall Street Journal article detailed how plunging shipping volumes out of China due to shutdowns in the wake of the outbreak have crimped industrial production worldwide. As the coronavirus continues to spread in China and other parts of the world, it is critical for businesses to reassess their connections to global supply chains, evaluate workforce-related issues, and examine risk-minimization and quantization brought about by the pandemic.

This panel will focus on obtaining successful chapter 11 results in certain jurisdictions while analyzing why you should or shouldn’t file in a particular jurisdiction. The panel will discuss advantages and disadvantages of filing in certain jurisdictions, including local rule advantages (i.e., Texas) and case law advantages or disadvantages.

Taking in the perspectives of the debtor and secured lenders, including the appropriateness to decline to support a filing in a jurisdiction that one believes is “unfavorable” in terms of permitted financing terms and covenants, how does a practitioner decide where to file? What goes into the decision? Why are the Sixth Circuit courts not as popular for selection? When should a venue be challenged?

Hosted by the Asset Sales Committee This webinar will discuss the benefits and disadvantages of conducting a sale of assets pursuant to section 363 of the Bankruptcy Court compared to an out of court sale. The webinar will provide a general introduction to these issues as well as provide experienced practitioners with a nuanced high level discussion regarding applicable case law, hot button issues, pitfalls to avoid and war stories from the trenches. Speakers: Dawn M. Cica Mushkin Cica Coppedge; Bruce I. Goldstein Amherst Partners; Matthew J. LoCascio Equity Partners HG View Materials

In this roundtable format, attendees can visit with leading judges (each presiding at their own table) to discuss and debate the nation’s most important recent business and consumer bankruptcy decisions.